KEY POINTS
- Court orders Prasa to pay R6.1 million ($331,000) for commuter’s injuries.
- Victim suffered severe brain damage from falling off a train.
- Prasa accepted 80 percent liability for the incident.
Prasa has been ordered to pay R6.1 million ($331,000) in damages to a commuter who sustained severe brain injuries when he was pushed from a moving train.
The Western Cape High Court issued the ruling after a thorough investigation of the commuter’s medical condition and testimony from medical experts.
The 41-year-old victim fell from the train at Stikland Station in September 2017. He was found to have suffered permanent damage from the incident.
Train accident leads to lasting brain injury
The case began when the commuter, who was pushed out of the train through an open door, struck his head on the platform.
The impact caused significant damage, including an occipital skull fracture and haemorrhagic brain contusions to the frontal and temporal lobes.
His condition required emergency surgery to relieve pressure in his skull.
The court heard that the victim lost consciousness and remained unaware of the events following the accident until weeks later.
His recovery included extensive rehabilitation. However, his psychological state worsened because of the injury. This led to symptoms such as aggressive behavior, memory loss, mood swings and depression.
Court orders Prasa to pay after evaluating injuries
In terms of damages, the victim’s legal guardian sought over R7 million ($379,800) for loss of earnings, medical costs, and general damages.
After evaluating the facts, the court awarded the victim R1 million ($54,000) in general damages for his pain and suffering, emotional distress, and disfigurement.
However, the court decided the amount of R1.5 million ($81,000) requested was too high and reduced it to R1 million ($54,000)
According to IOL, Prasa has accepted 80 percent liability for the damages, acknowledging its responsibility in the incident.
The court awarded a final amount of R6.1 million ($331,000) after factoring in Prasa’s partial liability.
The decision highlights the critical need for improved train safety protocols and accountability for public transport accidents.
The judgment also sheds light on the psychological and emotional toll caused by traumatic brain injuries. This is particularly true when such injuries are sustained in avoidable accidents.
